Terms of Service

Last Updated: January 2025

Welcome to FinOrchest. These Terms of Service ("Terms") govern your access to and use of the FinOrchest platform and services provided by Promedic Equipments ("Company", "we", "us", or "our").

1. Acceptance of Terms

By creating an account or using our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you are using our services on behalf of a business or organization, you represent that you have the authority to bind that entity to these Terms.

2. Description of Services

FinOrchest provides a business-to-business (B2B) payment management platform that enables organizations to manage their fund disbursements, payment approvals, and financial workflows. Our services include, but are not limited to:

• Payment initiation and management tools
• Multi-level approval workflows
• Department and budget management
• Transaction monitoring and reporting
• Integration with banking and payment services

3. Eligibility

To use our services, you must:

• Be at least 18 years of age
• Be a registered business entity in India or authorized jurisdiction
• Have the legal capacity to enter into binding contracts
• Not be prohibited from using financial services under applicable laws
• Provide accurate and complete registration information

4. Account Registration and Security

4.1 Account Creation

To access our services, you must create an account by providing accurate, current, and complete information. You agree to update this information to maintain its accuracy.

4.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All activities that occur under your account
• Immediately notifying us of any unauthorized access
• Ensuring authorized users comply with these Terms

5. Acceptable Use

You agree NOT to use our services to:

• Violate any applicable laws, regulations, or third-party rights
• Conduct fraudulent, illegal, or unauthorized transactions
• Launder money or finance terrorism
• Circumvent any security measures or access controls
• Interfere with or disrupt the integrity of our services
• Transmit viruses, malware, or harmful code
• Collect or harvest user data without authorization
• Misrepresent your identity or affiliation

6. Payment Terms

6.1 Fees

You agree to pay all applicable fees for the services you use, as outlined in your subscription plan or as otherwise communicated to you. Fees are exclusive of applicable taxes unless stated otherwise.

6.2 Payment Processing

Payment processing is provided by third-party payment service providers. By using our services, you also agree to comply with their terms of service.

6.3 Refunds

Refunds, if applicable, will be processed in accordance with our refund policy and applicable laws.

7. Intellectual Property

All content, features, and functionality of our services, including but not limited to text, graphics, logos, software, and trademarks, are owned by FinOrchest and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

8. Data Protection

Our collection and use of personal information is governed by our Privacy Policy. By using our services, you consent to our data practices as described in the Privacy Policy.

9. Third-Party Services

Our services may integrate with or link to third-party services (e.g., banks, payment processors). These services are governed by their own terms and policies. We are not responsible for the availability, accuracy, or practices of third-party services.

10. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that:

• Our services will be uninterrupted, timely, secure, or error-free
• Results obtained from using our services will be accurate or reliable
• Any errors in our services will be corrected

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FINORCHEST, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES.

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

12. Indemnification

You agree to indemnify, defend, and hold harmless FinOrchest and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or related to:

• Your use of our services
• Your violation of these Terms
• Your violation of any third-party rights
• Any content you submit through our services

13. Termination

13.1 By You

You may terminate your account at any time by contacting us. Upon termination, your access to our services will cease.

13.2 By Us

We may suspend or terminate your account at any time, with or without cause, with or without notice. Reasons for termination may include violation of these Terms, fraudulent activity, or extended periods of inactivity.

13.3 Effect of Termination

Upon termination, your right to use our services will immediately cease. Provisions that by their nature should survive termination will survive, including intellectual property, disclaimers, indemnification, and limitations of liability.

14. Modifications to Terms

We reserve the right to modify these Terms at any time. Material changes will be notified to you via email or through our platform. Your continued use of our services after such modifications constitutes acceptance of the updated Terms.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Nashik, India.

Before initiating any legal proceedings, you agree to first attempt to resolve disputes through good-faith negotiation by contacting us at legal@finorchest.com.

16. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and FinOrchest regarding our services.
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect.
• Waiver: Our failure to enforce any right or provision shall not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our consent.

17. Contact Information

For questions about these Terms, please contact us:

• Email: legal@finorchest.com
• Address: A57, Malegaon Industrial Area, Sinnar, Nashik. 422113